‘Monumental cover-up’
Credit to Author: BERNADETTE E. TAMAYO| Date: Fri, 18 Oct 2019 16:18:44 +0000
Gordon: Albayalde legally liable in ‘ninja cops’ case
RESIGNED Philippine National Police (PNP) Chief Oscar Albayalde had violated the Anti-Graft Law, the Revised Penal Code (RPC) and the Dangerous Drugs Act when he allegedly tried to tolerate the illegal activities of some “ninja cops” — some of whom were his former men — in a “monumental cover-up,” according to Sen. Richard Gordon.
Gordon, chairman of the Senate blue ribbon committee and the Committee on Justice, made the statement on Friday as he released the 46-page preliminary report on the Senate’s probe of the ninja cops.
Rogue policemen who recycle seized illegal drugs such as crystal meth, locally known as shabu, during buy-busts or raids are called ninja cops.
The senator said Maj. Rodney Baloyo 4th and 12 of his fellow ninja cops violated the Anti-Graft Law and the Dangerous Drugs Act of 2002 for recycling seized shabu during an alleged buy-bust in Mexico, Pampanga, in 2013.
They may also be charged with robbery, unlawful arrest, illegal detention and planting of evidence.
Gordon said there was “monumental” cover-up in the investigation of the alleged involvement of the ninja cops in the recycling of seized illegal drugs.
The former PNP chief is yet to respond to a message of The Manila Times to comment on the Senate report.
But the PNP also on Friday said it was up to Albayalde’s lawyers to take action on the findings of the Gordon committees.
“Pinauubaya na ng PNP sa abugado ni Police General Albayalde ang magpahayag ng kanilang susunod na hakbang
(The PNP will just let the lawyers of Police General Albayalde to comment on their next step),” Banac told The Times in a text message.
He said the 13 alleged ninja cops were under the custody of the PNP Personnel Holding and Accounting Unit while waiting for a review by the Department of Justice (DoJ).
“Yes, doon sa alleged ninja cops, nakaantabay lamang ang PNP na iharap sila sa DoJ sa tuwing sila ay may pagdinig. Patuloy ang isinasagawang review ng DoJ (Yes, on the alleged ninja cops, the PNP is waiting for them to face the DoJ every hearing. The DoJ has been continuing to review the cass), “ Banac added.
The 13 alleged ninja cops were former men of Albayalde when he was still Pampanga police chief.
It was former Criminal Investigation and Detection Group (CIDG) chief and now Baguio City Mayor Benjamin Magalong who revealed the alleged link of some ranking PNP officers to drug trafficking.
Then Police Region Office 3 director and now Philippine Drug Enforcement Agency chief Aaron Aquino had testified that Albayalde, when he was still National Capital Region Police Office chief, had phoned him to “request” not to implement a suspension order against his former men.
Aquino said he told Albayalde that he had ordered a review of the case of his men and that he had also decided to reassign Albayalde’s men to Mindanao.
“Albayalde is liable for [graft]. By reason of his moral seniority and competence, I think he is very liable. He believed solely on Baloyo’s [spot] report. That got him in trouble,” according to Gordon.
“Today is a game-changing day because for the first time the blue ribbon really unamasked in the open the ninja cops,” he said in a briefing.
“In my view, there is a monumental cover-up. Dapat siyasatin ang sistema ng kapulisan (There is a need to review the system of the police [in investigating questionable buy-busts]. Time to change the system),” Gordon added.
He said, “I ask the public. Sino ang commanding officer ni Baloyo at mga police na ito (Who was the commanding officer of Baloyo and these policemen)? Their commanding officer [at the time] was Supt. Albayalde.”
Albayalde, according to Gordon, profited from the sale of shabu made by Baloyo and his men in violation of the Dangerous Drugs Act.
Former CIDG deputy chief and now retired general Rudy Lacadin had testified that Albayalde had phoned him also to confirm whether he had indeed investigated Albayalde’s men.
Albayalde supposedly told Lacadin that he merely got “a small portion” from the seized drugs.
He, however, denied Lacadin’s claim.
Gordon said Albayalde violated Article 208 of the RPC and the Anti-Graft Law when he phoned Aquino and Lacadin not to implement the dismissal order issued by former Central Police Luzon chief Raul Petrasanta against the ninja cops.
On the other hand, he added, Baloyo and his group failed to properly account for the drugs they had seized from a suspected Chinese drug lord.
He has recommended several legislative proposals to prevent a repeat of recycling of seized drugs.
These included amendments to the Dangerous Drugs Act to allow persons of good reputation such as retired judges, lawyers and teachers to determine whether the procedures on the chain of custody of seized drugs and drug buy-busts “were followed” properly.
Gordon also raised the need to suspend or dismiss rogue policemen, “not merely reassign [them] to other posts.”
He further proposed to shorten the review of administrative cases filed against rogue policemen.
Gordon suggested to remove the Internal Affairs Service from the PNP and make it “a truly independent institution.”
On Tuesday, he asked Justice Secretary Menardo Guevarra to “perpetuate” the testimonies of the witnesses against the alleged ninja cops to help in the prosecution of erring policemen.
These witnesses, whom the senator said need government protection, included Police Staff Sergeants Jerome Bugarin, Marlon de la Cruz and Jackson Mariano.
“Perpetuation of testimony, that’s the legal term we use if we want to perpetuate testimony. Whatever happens to [a] witness, there is his testimony already,” Gordon added.
WITH REPORT DARWIN PESCO